Farid Mahdi

The plaintiff, a landscaping company, moved for an order enforcing an Umpire's decision rendered under section 128 of the Insurance Act regarding the valuation of four vandalized trucks.

The defendant insurer refused to pay the difference between its appraisal and the Umpire's higher valuation.

The defendant raised multiple defences including lack of standing for the lessee, limitation period issues, and alleged settlement with the lessor.

The court granted the plaintiff's motion, finding that the plaintiff had standing as a named insured, that the Umpire's valuation was binding and enforceable, and that the defendant's newly raised defences were procedurally improper as they were not pleaded and raised only at the last minute.

The Court of Appeal for Ontario dismissed an appeal by S.D.M.O. Industries (Kohler-SDMO) and Kohler Co., who sought to stay proceedings on the basis of lack of jurisdiction or a forum selection clause favoring a French court.

The court held that Ontario had jurisdiction, the forum selection clause was not proven to be valid or applicable, and the motion judge made no reviewable error.

The appeal was dismissed with costs.